Northern Territory Supreme Court rules on Director of Parks Australia damage to sacred site

September 30, 2022

Karen Sweaney

Culture / Environment / Legal / Parks /

The Northern Territory Supreme Court has today found the Director of Parks Australia not criminally liable for damaging a Kakadu sacred site because the Commonwealth Government is not bound by the Territory’s sacred sites laws.

The Aboriginal Areas Protection Authority (AAPA) brought the prosecution against Parks Australia in 2020 after a long-running dispute culminated in accusations Parks Australia had built a walking track through the sacred site within the UNESCO world heritage-listed site without permission.

Parks Australia then commenced a legal fight in October 2021 over the allegations of damages caused to the sacred site at Gunlom Falls in the Northern Territory's Kakadu National Park.

On today’s ruling by the NT Supreme Court, NT Minister for Arts, Culture and Heritage Chansey Paech shared “while I respect the decision of the Supreme Court, I am disappointed and saddened by the outcome.

“The Director of National Parks flagrantly carried out works at Kakadu’s Gunlom Falls in 2019 without taking into account consultations with the traditional owners, or any engagement with the Aboriginal Areas Protection Authority. That conduct disregarded the Northern Territory Aboriginal Sacred Sites Act 1989 and the protections it creates for sacred sites.

“World Heritage-listed Kakadu National Park is one of Australia’s most archaeologically, culturally, and spiritually significant areas; cared for under a joint management plan between Traditional Owners and the Commonwealth Government. The Northern Territory, in particular the region’s custodians, have been failed by the Director of National Parks who failed to abide by the Sacred Sites Act.”

Minister Paech advised that the NT Government will now work with the Federal Government to explore legislative changes “to ensure stronger protections of our cultural heritage.”

Kakadu, spanning nearly 20,000 sq km, is home to deep gorges, waterfalls, rainforests, wetlands, rare wildlife and ancient rock art.

Parks Australia, which jointly manages Kakadu national park with traditional owners, has agreed to redirect the track located at the sacred site of Gunlom and works are taking place to ensure the tracks don’t violate culturally sensitive areas.

The current court case was not about the walking track, but to determine whether the director of Parks Australia could be prosecuted for any potential breach of NT laws.

Director of Parks Australia, Jody Swirepik advised in a statement the organisation is working with the traditional owners to move forward and apologised for the “distress” caused by the track’s construction.

Swirepik shared “I again express my regret that the Gunlom walking track works undertaken in 2019 caused distress to the traditional owners of the Gunlom region and other members of the community.

“This court decision today was about constitutional issues and did not turn on the particular facts of the Gunlom walking track matter.

“Irrespective of the outcome of the court case, I will continue to work with all parties in the future to ensure that there is a robust framework for protecting sacred sites.”

About the author

Karen Sweaney

Co-founder and Editor, Australasian Leisure Management

Artist, geoscientist and specialist writer on the leisure industry, Karen Sweaney is Editor and co-founder of Australasian Leisure Management.

Based in Sydney, Australia, her specific areas of interest include the arts, entertainment, the environment, fitness, tourism and wellness.

She has degrees in Fine Arts from the University of Sydney and Geological Oceanography from UNSW.

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